"Can Mediation Be an Alternative to Criminal Justice?"

This essay argues that many people, including victims, are attracted by moves towards adopting a new fundamental principle, restorative justice. There is a danger that it will lead to pressure on victims to take part, infringe defendants' right to due process, or result in inconsistencies between outcomes. Can restorative justice operate effectively alongside the traditional system, or even replace it? As with the traditional system, there is no clear way of resolving all the competing requirements. It is better to think not of alternatives but of a continuum, and to work to move the center of gravity from the repressive towards the restorative.